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20 AGREEMENT TO MAINTAIN EASEMENT c:CL. THIS AGREEMENT is made and entered into as of the / day of /77) I7 ,2004, by and between SCIENCE CENTER DRIVE,LLC("Developer")and the CITY OF NEW HOPE,a Minnesota municipal corporation("City"). WITNESSETH: WHEREAS, the Developer owns certain real property located in the City of New Hope, County of Hennepin, State of Minnesota, legally described as: Lot 1, Block 1, Science Industry Center 4th Addition WHEREAS, the Developer's predecessors in title granted to the City certain drainage easements over a portion of the Property as dedicated in the plat of Science Industry Center 4th Addition; and WHEREAS, the real estate adjacent to the Property to the West is also subject to certain drainage easements in favor of the City as dedicated in the plat of Science Industry Center and depicted on Exhibit A attached hereto, (collectively the "Easements"); and WHEREAS, the Property is suitable with the Shingle Creek Watershed District, and permanent provisions for handling of storm runoff, including provisions for operation and maintenance of all stormwater runoff facilities and ponds,are required,and such provisions are to be set forth in an agreement to be recorded in the real estate records; and WHEREAS, the City has given approval to the Developer's proposed construction of an approximately 21,600 square foot office/warehouse building(the"Project")subject to compliance by the Developer with certain conditions,including entering into an easement maintenance agreement with the City; NOW,THEREFORE,in consideration of mutual covenants of the parties set forth herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Maintenance of the Pond. The Developer and its successor or assigns as fee owner of the Property shall be responsible for maintaining the Easements and observing all Drainage Laws governing the operation and maintenance of the Easements. The Developer shall provide the City with a schedule acceptable to the City for inspection of the Easements and outlet control structure. The Developer shall make all such scheduled inspections, keep record of all inspections and maintenance activities,and submit such records annually to the City.The cost of all inspections and maintenance, including skimming and cleaning of the Easements, shall be the obligation of the Developer and its successors or assigns as the fee owner of the Property. 2. City's Maintenance Rights.The City may maintain the Easements,as provided in this paragraph,if the City reasonably believes that the Developer or its successors or assigns have failed to maintain the Easements in accordance with applicable Drainage Laws, and such failure shall continue for thirty(30)days after the City shall give the Developer written notice of such failure.The City's notice shall specifically state which maintenance tasks are to be performed.If Developer shall not complete the maintenance tasks within thirty(30)days after such notice is given by the City,the City shall have the right to enter upon the Easement to perform such maintenance tasks.In such case, the City shall send an invoice of its reasonable maintenance costs to the Developer or its successors or assigns, who shall pay said costs within thirty (30) days of receipt of said invoice. Notwithstanding the foregoing,in the event to an emergency,as determined by the City Engineer,the thirty(30)-day notice requirement to the Developer for failure to perform maintenance tasks shall be and hereby is waived in its entirety by the Developer,and the Developer shall reimburse the City for any expense so incurred by the City in the same manner as if written notice as described above has been given. 3. Hold Harmless.The Developer agrees to indemnify and hold harmless the City and its agents and employees against any and all claims,demands,losses,damages,and expenses(including reasonable attorneys' fees)arising out of or resulting from the Developer's or the Developer's agents or employee's negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement,without regard to any inspection or review made or not made by the City,its agents or employees or failure by the City, its agents or employees to take any other prudent precautions. In the event the City, upon the failure of the Developer to comply with any conditions of this Agreement,performs said conditions pursuant to its authority in this Agreement,the Developer shall indemnify and hold harmless the City,its employees,agents and representatives for its own negligent acts in the performance of the Developer's required work under this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts. 4. Costs of Enforcement. The Developer agrees to reimburse the City for all costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees. 5. Notice.All notices required under this Agreement shall either be personally delivered or be sent by certified or registered mail and addressed as follows: To the Developer: Science Center Drive, LLC e '/GC / .Se_/fE New Hope, MN 353427- SS•,ice Attn: Loraine M. Tieva 2 To the City: City Manager City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 All notices given hereunder shall be deemed given when personally delivered or two (2) business days after being placed in the mail properly addressed as provided herein. 6. Successors.All duties and obligations of Developer under this Agreement shall also be duties and obligations of Developer's successors and assigns. 7. Effective Date. This Agreement shall be binding and effective as of the date hereof. DEVELOPER: SCIENCE CENTER DRIVE, LLC a Minnesota limited liability company By: 797-N1 Its: Chief Manager CITY OF NEW HOPE a Minnesota municipal corporation By: ! _ Its: Ma or y. or �1 It'. y Manager 3 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ` i-11- day of NO V 5- -2004-, -2904-,by Loraine M. Tieva, the Chief Manager of Science Center Drive,LLC, a Minnesota limited liability company, on behalf of said limited liability company. MY cow co 1414a rIpTAAY PUAIfC ISA Ndtary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) 5 The foregoing instrument was acknowledged before me this // day of AkU 2004, by /94,2i-P/7 a11/21-Sd and c.<u t-/J L15.)t tivi , the Mayor and City Manager of the City of New Hope,a Minnesota municipal corporation, on behalf of said municipal corporation. ti VALERIE LEONE CZ.�-tAe6i)-)--LL is NOTARY PUBLIC M1NNESOTA Notary Public My Commission Expires Jan.31,2010 ti 4 \ 0-n ' \ \ .��r, ciA e 7(/71-(6/,r /---y \ „#,:. ' . \ ace RIPRAP ..` \ o c •,1 ` \, fit''-vim N. \ . 1. ',. \•Ai : ,o \ ,` , V C 6\‘ \ , , , ,, \\ >( i' .., , , ., ,, , ,, ,, \\ _.,.. i / , ,....„. / ,,,' , , . .\ , ... , ,,c) , l-- \ / „,, _, ,. .. o \ ICE \ % �° nu_tur.. / Q- I \ - - V=891.50 I / �� \ \ 895.17 / ) -gam D!Jn.ET Q \ 1 G�rT� f rig. '-x' INV 1,� ��;o UTL� 896,1: �� :74.-:. , • i_ uUTLEi c9 \Q 34 = �.1 \P'� SEs ` " �P IJV=886.78 POND \i\is, HWL=898.91 \ \ 1.„/ O • NWL=897.20 \ \\\.., Rl M_ CUTLET STRUCTURE ' -",.•G„' Irgv= 7 SEE DETAILS MI f 1, (RIM N. ULVERT EASEMENT PER--===______________ ,r `- - �\ 9p° t 7. O --DOC. No. 3570952 \c4 , V 5 og`L _ _.-.._ 1 „s I - �,--,r- moi =r(-- FL I -----r-z---7. -_�._ ELEC tom_-=:."`p ; �- __ ` LC Schoen & f�Jfads®n9 Inc. -, Client: Engineering ° Surveying ® Planning -. Soil Testing 0 Environmental Services www-schoelimadson.com \ 10580 Wayzata Boulevard i I Minneapolis, Minnesota 55305-1525